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Md. Miksar Ali Dewan and others Vs. Dares Ali Mondal and others, 2007, 36 CLC (AD)

.... In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 105. ...... in Other Class Suit No.104 of 1994 dismissing the same. 2. The suit was filed seeking declaration of title in respect of the property mentioned in the schedule attached to the plaint. 3. The case of the plaintiff, in short, is that the property described in the schedule attached to the plai......e property described in the schedule attached to the plaint was owned by Babu Kumar Ghose and another and the same was the property of Ghosh Babu Estate, that plaintiffs father took settlement of the land in suit from the said land owners by an Amalnama of the year 1349 B.S, in the name of the plain..

Category: Property Law | Date: | Hits: 29

Government of Bangladesh Vs. Md. Abdur Rashid and others, 2006, 35 CLC (AD)

.... 16. In view of the discussion made above this petition is dismissed having no merit as well as being barred by 395 days. Ed. This Cases is also Reported in: 12MLR (AD) 2007, 47. ......s that the respondents being Government servants the writ petition is not maintainable there being other remedy available to them before the Administrative Tribunal. It appears that the persistent case advanced on behalf of the respondents is that they have been discriminated in the matter of fi...... 16. In view of the discussion made above this petition is dismissed having no merit as well as being barred by 395 days. Ed. This Cases is also Reported in: 12MLR (AD) 2007, 47. ..

Category: Employment/Service Law | Date: | Hits: 69

Md. Atiqullah Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)

....cle 104 of the Constitution, the Respondent No.1 is directed to pay within 60 days Tk.6, 38,797.63 to the appellant. Ed. This Cases is also Reported in: 12MLR (AD) 2007, 41.  ......………………………………………………………… Appellant (in all the cases) Vs. Government of the People's Republic of Bangladesh, represented by the Land......e Acquisition and Requisition of Immovable Property Ordinance, 1982 (Ordinance No. II of 1982) hereinafter referred to as the Ordinance in Land Acquisition Case No. 12 of 1987-88 acquired the case land of the petitioner on 18.03.1989.On 28.03.1989 notifications were issued accordingly and compen..

Category: Property Law | Date: | Hits: 27

Khandker Zillul Bari and another Vs. State, 2008, 37 CLC (AD)

.... to 3(three) years from 7(seven) years. The appellants are directed to surrender to serve out the sentence, if not already served out. Ed. This Case is also Reported in: 13 MLR (AD) 2003, 302. ......vocate-in-Record—For the Appellant (In Criminal Appeal No. 53 of 2007) Abu Bakkar Siddique, Deputy Attorney-General, instructed by B Hossain, Advocate-on-Record—For the Respondent (In both the cases). Criminal Appeal Nos. 52 and 53 of 2007. (From the judgment and order dated 2-5-2005 pa...... to 3(three) years from 7(seven) years. The appellants are directed to surrender to serve out the sentence, if not already served out. Ed. This Case is also Reported in: 13 MLR (AD) 2003, 302. ..

Category: Criminal Law | Date: | Hits: 94

Khorshed Alam (Md) Vs. Hazi Mohiuddin and others, 2007, 36 CLC (AD)

....cogent ground for interference in the impugned judg­ment. Accordingly, both the civil petitions are dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 72. ......8, 2007. Lawyers Involved: Mahmudul Islam, Senior Advocate, (with Probir Neogi, Advocate) instructed by Syed Mahbubur Rahman, Advocate-on-Record—For the Petitioner (In both the cases). Khalilur Rahman, Advocate, (with Sirajul Haque Miah, Advocate) instructed by ASM Kh......tioner as plaintiff instituted Title Suit No. 306 of 1989 and subsequently was renumbered as Title Suit No. 62 of 1996 in the 4th Court of Assistant Judge, Dhaka for parti­tion of 0.65 acres of land out of 1.35 acres of Plot No. 125 of CS Khatian No.53 of Mouza Gajmahal, PS Mohammadpur, Dist..

Category: Procedural Law | Date: | Hits: 86

Gopal Das Soni and another Vs. Government of Bangladesh and others, 2002, 31 CLC (AD)

....quite in accordance with law and suffers from no infirmity and illegality. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 69. ......e Krishna Soni and Hari Krishna Soni. Sree Krishna filed Title Suit 13 of 1959 impleading Hari Krishna Soni and the suit was decreed on compromise declaring the title of Sree Krishna Soni. Further case of the plaintiffs is that while in possession they came to know on 20 July, 1980 that defendan...... of 1979 decreeing the same. The suit was for declaration of title as well as for a decree of permanent injunction restraining the defendants from disturbing the possession of the plaintiffs in the land in suit. 2. The plaintiffs filed the suit stating, inter alia, that the land in suit b..

Category: Property Law | Date: | Hits: 27

Dawad Ali Sardar (Md) Vs. Kazi Mujibar Rahman and others, 2008, 37 CLC (AD)

....ate  had  no jurisdiction to frame charge under section 307 of the Penal Code because that would be a futile exercise. Accordingly, the review petition is dismissed. Ed. ......take place at the alleged time and place of occurrence and the accused persons have been implicated falsely out of grudge and enmity over the union parishad election and land dispute. 4. The case was tried by the learned Additional District Magistrate, Satkhira and by judgment 4-6-1995 con......se No. 70/88 Kali, TR 06/1989 on 27-2-1988 before the Upazila Magistrate, Kaliganj stating, inter alia, on 26-2-1988 at 10-00 AM he was plucking tamarind from the tamarind tree standing on his own land. PW 2, Sufia Khatun was collect­ing those from the ground. At that time PW 1 Saker Ali (an..

Category: Criminal Law | Date: | Hits: 34

State Vs. Sailendra Chandra Borman, 2008, 37 CLC (AD)

.... civil suit cannot bar the proceedings of criminal case for criminal offence. The appeal is accordingly, allowed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 65; 16 BLT (AD) 265. ......serting 3.97 acres land in place of 0.97 acres of land and thereby they committed offences under the aforesaid provisions of law. Police on comple­tion of investigation submitted charge sheet in the case against the accused respondent and others under the aforesaid sections of law. 3. On 54-1993......Gopal Ghosh and Ranjit Kumar Ghosh created a kabala deed No. 4115 dated 30-6-1992 and another kabala deed No. 4129 dated 30-6-1992 by false perso­nification and interpolation by inserting 3.97 acres land in place of 0.97 acres of land and thereby they committed offences under the aforesaid provisio..

Category: Criminal Law | Date: | Hits: 63

Saimuddin (Md) Vs. Amjad Ali and others, 2007, 36 CLC (AD)

....w as to payment of Court fees, if any, by the plaintiff. With the above observation, this petition is disposed of. Ed This case is also reported in: 13 BLC (AD) (2008) 40. ......ll pass necessary orders as deemed fit according to law as to payment of Court fees, if any, by the plaintiff. With the above observation, this petition is disposed of. Ed This case is also reported in: 13 BLC (AD) (2008) 40. ...... declaration of title and recovery of khas possession in the suit property stating, inter alia, that the suit properties were granted permanent lease in 1327 BS at annual rent of Taka 66/4/0 by ex-landlords Sree Provash Chandra Basak and others in favour of Nayebuddin Sarker and others and that..

Category: Property Law | Date: | Hits: 22

Government of Bangladesh Vs. AAM Salekuzzaman and another, 2000, 29 CLC (AD)

....Order of the Court: By a majority decision the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 166. ......anything such points for further enquiry and that no order of dismissal could be passed without a reference to the Public Service Commission. 3. The Government-appellant contested the case by filing a written statement denying the material allegations made by the respondent applicat......Order of the Court: By a majority decision the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 166. ..

Category: Administrative Law | Date: | Hits: 94

Shahe Alam (Md) Vs. Md. Golam Sarwar and others, 2000, 29 CLC (AD)

....o substance in this petition. The petition is therefore dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 164.     ......rdinance and it provides that the Election Tribunal shall upon receipt of an election petition give notice to all contesting candidates of the election to which the petition relates. It is not the case of the petitioner that no such notice was issued by the Election Tribunal or by the Appellate ......o substance in this petition. The petition is therefore dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 164.     ..

Category: Election Law | Date: | Hits: 112

ASF Rahman and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)

....for grant of leave in this case or to interfere with the ultimate decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 61. ......ur) project Accounts were not paid. Subsequently, it was also assured to repay the instalments by 31st January, 1998 but the installments as per said assurance have not been paid. Please note that in case of delay in payment of such instalment, the existing repayment schedule will be treated as canc......for grant of leave in this case or to interfere with the ultimate decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 61. ..

Category: Banking Law | Date: | Hits: 139

Moulana Delwar Hosain Saydee Vs. Sudhangshu Shekhor Halder and others, 2000, 29 CLC (AD)

....s also without jurisdiction. For all the above reasons, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 20. ...... of that centre having been found not to have been proved the recounting of votes of that centre was wholly without jurisdiction. The High Court Division had no perception at all with regard to the case of the respondent in respect of that centre and illegally and under a misconception rejected ......s also without jurisdiction. For all the above reasons, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 20. ..

Category: Election Law | Date: | Hits: 126

Chera Dangi Mela Committee Vs. Mohammad Yusuf Ali & others, 1978, 7 CLC (AD)

.... the matter remitted back to the District Judge for the disposal in accordance with law. Costs of the appeal will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 310. ......st. The consequence of an action taken under any of the two sections is that the newly appointed trustee becomes vested with all the powers either solely or jointly with the continuing trustee as the case may be, and he will have the same power and authority as the trustee under the trust deed. ...... the matter remitted back to the District Judge for the disposal in accordance with law. Costs of the appeal will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 310. ..

Category: Trust/Waqf Law | Date: | Hits: 185

Mozzammel Haq Vs. Bangladesh and others, 1978, 7 CLC (AD)

....e Rules, power to dismiss the appeal summarily. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 306. ......tion paper and prayed for directing respondent No. 2 to make delimitation of the wards as per notification issued on November 30, 1976 and also for holding fresh election. 2. The appellant's case is that he, being a voter of Union Char Gazi, submitted nomination paper, for membership duly ......e Rules, power to dismiss the appeal summarily. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 306. ..

Category: Election Law | Date: | Hits: 114

Abdul Wahab Talukdar alias Mohammad & others Vs. State and another, 1978, 7 CLC (AD)

.... For the reasons, we allowed the appeals, set aside the orders of the High Court and restore those orders of the Magistrate. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 278. ......d in these appeals is covered by the decision given by this Court in C. A. No. 56 of 1977. 2. Facts material for the disposal of these appeals are that Criminal Appeal No. 4 arises out of GR case No. 523(2)/72. The occurrence is alleged to have taken place on 14-6-71. The First Information...... For the reasons, we allowed the appeals, set aside the orders of the High Court and restore those orders of the Magistrate. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 278. ..

Category: Criminal Law | Date: | Hits: 45

Mariam and others Vs. Bangladesh, 1978, 7 CLC (AD)

....t for decision in accordance with law in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 247. ...... were always essentially necessary for the purpose of preservation and fishing. Thus the appellant has to spent more than Rs. 84,127.13 including the rental they paid to the respondent the further case of the appellant was that when they was going to get the fruit of their investment of capital ......ents Judgment June 27, 1977. Case Referred to: Cricklewood Property & Investment Trust Ltd. and others Vs. Leightons Investment Trust Ltd. Reported in 1954 (1) All England Law Reports 252. Lawyers Involved: B. N. Chowdhury, Advocate instructed by Abdu..

Category: Civil Law | Date: | Hits: 89

Amal Kumar Moitra Vs. Md. Mashiur Rahman, 1978, 7 CLC (AD)

....ly. In the result, the appeal is allowed with costs, the order of the High Court is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 244. ......tle in respect of the entire suit land and for declaration that 1/3rd share recorded in the S. A. khatian in the name of the principal defendant Shanti Sudha Moitra is erroneous. 4. Plaintiff’s case in short is that the suit property belonged to 3 brothers in equal share, namely Brinchilal Moi......115 of the Code of Civil Procedure. 3. Respondent No. 1 instituted a suit being title suit No. 673 of 1969in the Court of 1st Munsif, Kushtia for declaration of title in respect of the entire suit land and for declaration that 1/3rd share recorded in the S. A. khatian in the name of the principal..

Category: Tenancy Law | Date: | Hits: 142

Leakat Ali Sowdagar Vs. Abdus Salam Sowdagar and another, 1978, 7 CLC (AD)

....a question of fact. 7. We do not find substance in any of the contentions of the learned Counsel. Both the petitions are dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 241. ......tentions. Learned counsel has submitted that the Conciliation Courts Ordinance having specially provided in sec 3(1) that, notwithstanding anything contained in the Code of Civil Procedure, 1908, all cases falling under the relevant part of the schedule shall be referred to conciliation under the Or...... a certain premises on the allegation that the petitioner was a monthly tenant under the Respondents in respect o the said premises. The petitioner contested the two suits denying the relationship of land lord and tenant between them and contending, inter alia, that he had acquired non-agricultural ..

Category: Tenancy Law | Date: | Hits: 163

Master Abdul Aziz Vs. Abani Mohan Mukherjee and others, 1978, 7 CLC (AD)

....n the result the appeal stands dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 222.   ...... July 1970 passed by the High Court to the effect that the appeal had abated in respect of respondent Abani could only be set aside on appeal or on review under Order 47 rule 1 CPC. In the instant case there was no appeal from nor there was any application for review of the said order. Neverthel......to be noted that the respondent filed a suit being Title Suit No. 69 of 1956 in First Court of the Subordinate Judge, Dacca, for establishment of this title to and recovery of possession of certain landed property. The suit was decreed and thereafter the defen­dant preferred an appeal being F..

Category: Civil Law | Date: | Hits: 116